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2025 DAILYLAW 119246 (ALL)

HANUMAN SINGH AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

CRLP/606/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6010-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 606 of 2025 Petitioner :- Hanuman Singh And 4 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Atul Kumar Singh,Ankit Dubey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent. 2. The instant writ petition has been filed by the petitioners with the following main relief:- "1.) Issue a writ direction or order in the nature of Certiorari quashing the impugned First Information Registered as Case Crime No. 6 of 2025 U/s 191(2),115(2),352,351(2),125,324(4), of B.N.S. and U/s 3(2)(va),3(1)(gha) of SC/ST Act at P.S.- UmariBegumganj, District-Gonda on 13.01.2025 (Annexure No. 1); ii.) Issue a writ direction or order in the nature of Mandamus commanding the opposite party no. 2 & 3 not to arrest the petitioner in First Information Registered as Case Crime No. 6 of 2025 U/s 191(2),115(2),352,351(2), 125,324(4), of B.N.S. and U/s 3(2) (va),3(1)(gha) of SC/ST Act at P.S.- UmariBegumganj, District- Gonda on 13.01.2025." 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of B.N.S.S., corresponding Section 41A Cr.P.C., for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 4. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of B.N.S.S., corresponding Section 41A Cr.P.C., and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 29.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench